Polite Pop License Agreement

Below are the official Polite Pop License terms; your use of Polite Pop is governed by these license terms.

This Software License Agreement (the "Agreement") is between Artisfy LLC and You (either in your capacity as an individual or as a single entity), a Licensee of Artisfy LLC’s software.

License Types

Business License

The Business License allows Licensee to receive updates to the Software within a Time Period of 1 year.

The Business License allows Licensee to use the Software in a Product within the following contexts:

If not explicitly stated otherwise, the Business License is the license your use of the Software will be governed by.

Platform License

The Platform License allows Licensee to receive updates to the Software within a Time Period of 1 year.

The Platform License allows Licensee to use the Software in a Product within the following contexts:

1. Definitions

Domain means a unique name or address by which a Website is reachable. If a Website is reachable by the address "https://www.example.com", the Domain is "example.com".

End User means an end user of Your Product who acquires a license to such solely for their own use and not for distribution, resale, user interface design, or software development purposes.

User means an end user of a product or website.

Intranet means a private network accessible only to Licensee’s staff.

Licensed Licensee shall mean a person who is working directly or indirectly on a project that includes the Software, including front-end Licensees, designers, testers, as well as backend Licensees working on the business logic related to integrating the Software. This doesn't include Licensees working on completely different modules of your project.

Licensee shall mean the company, person or organization holding a license and contracting party to this Agreement.

Modification means any revision, adaptation, or derivative of the Software produced by You.

Product means any software, application, or elements that you develop using the Software or Modifications in accordance with this Agreement. A family of Products or a group of Products does not constitute a Product within the frames of this Agreement.

Redistribution means including the Software in any Product that is not used or accessed on Licensee’s Website.

Software means Polite Pop by Artisfy LLC.

Instance means any artifact produced that incorporates the Software or derivatives of the Software.

Website means a collection of web pages that all have the same Domain and that serve and are operated by one single entity or Licensee.

Time Period means the period commencing on the date Software was purchased and ending after a specified number of days, weeks, months, or years.

2. Commercial License Grant

  1. Subject to the terms of this Agreement, Artisfy LLC grants to You a revocable, non-exclusive, non-transferable license: (i) for use of the Software by the number of Licensees and for the number of Modifications and Products as dictated by your purchased license (see section License Types); (ii) for You to distribute the Software and/or Modifications to an unlimited number of End Users solely as integrated into the Products; and (iii) for End Users to use the Software as incorporated into Your Products in accordance with the terms of this Agreement.
    This license allows use of Polite Pop by the number of Licensees and for the number of products as dictated by your purchased license (see section License Types). It is not exclusive — other companies and Licensees can use Polite Pop — and it is non-transferable — you cannot transfer this license to another company or person.
    If not explicitly stated otherwise, the Business License is the license your use of the Software will be governed by.
  2. You are entitled to receive all updates to the Software licensed by you, as well as any later version of the Software that Artisfy LLC, in writing, explicitly authorizes you to use as long as the Time Period has not expired. Artisfy LLC makes no representation that any update will be compatible with your Product.
    You can use this license with Polite Pop, as well as later versions if we authorize. Future versions of Polite Pop might not be backwards compatible.

3. Ownership

  1. This is a license agreement and not an agreement for sale. Artisfy LLC reserves ownership of all intellectual property rights inherent in or relating to the Software and corresponding source code, which include all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement.
    This license is for use of Polite Pop, not ownership of its intellectual property. Artisfy LLC continues to own Polite Pop.
  2. You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software. Notwithstanding the above, you are permitted to produce, use, and distribute compressed or “minified” copies of the Software that do not bear the notices contained in the Software’s source code, so long as you otherwise comply with the terms of this license.
    When you distribute your work with Polite Pop, don't remove or change any disclaimers from the source files. You can however minify the source files, which may remove or change the disclaimers.

4. Prohibited Uses

  1. Your Product must have substantially different functionality than, and must not compete directly with, the Software.
    You're not allowed to create something similar to Polite Pop. Make something unique.
  2. You may not distribute the Software or Modifications except as included within Your Product.
    Don't re-package Polite Pop unless it’s part of your Product.
  3. If You produce a Product for a customer, You are responsible for ensuring that your customer doesn't make use of the Software except with Products licensed herein.
    Your customer should be using Polite Pop as part of your Product.
  4. Your Product must not enable End Users to produce separate applications that incorporate the Software or Modifications. For example, if Your Product is a development toolkit or library, an application builder, a website builder that can be used to incorporate the Software into a new Product, You must obtain a separate OEM license from Artisfy LLC.
    You need to purchase an OEM License if you are creating an interface builder, SDK, or something that produces copies that each use Polite Pop.

5. Termination

  1. This Agreement and the license granted hereunder shall continue until terminated in accordance with this Section. Unless otherwise specified in this Agreement, the license shall last as long as Your use of the Software is in compliance with the terms herein.
    This Agreement applies for as long as you use Polite Pop.
  2. Artisfy LLC shall have the right to terminate this Agreement and the license granted hereunder immediately if You breach any of the material terms of this Agreement, and You fail to cure such material breach within thirty (30) days of receipt of notice from Artisfy LLC. Upon termination of this Agreement, all licenses granted to You in this Agreement shall terminate automatically and You shall immediately cease use and distribution of the Software.
    We can end this Agreement if you breach any terms, and don't resolve the breach after 30 days after notice from Artisfy LLC. After termination, you must stop using and distributing Polite Pop.
  3. Upon termination of this Agreement, You must cease all use of the Software. If, prior to your breach of this Agreement, you delivered Products incorporating the Software to Your End Users, those End Users’ licenses shall survive termination.
    After termination, your end users may continue to use Polite Pop in products that have already been distributed to them.

6. Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, Artisfy LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR YOUR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.

We don't claim any warranties or guarantees with using Polite Pop. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware exists and can't reasonably be eliminated

7. Limitation of Liabilities

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Artisfy LLC BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE CODE IT PRODUCES OR ANY OTHER SUBJECT MATTER RELATING TO THIS AGREEMENT, EVEN IF Artisfy LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any case, Artisfy LLC's entire liability with respect to any subject matter relating to this agreement shall be limited to the license fee paid by licensee for the license.

We aren't liable if your business is harmed or you lose money as a result of using Polite Pop.

8. Indemnification

  1. While redistributing the Software or Modifications thereof as part of Your Product, You may choose to offer acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, and not on Artisfy LLC’s behalf.
    While distributing Polite Pop to your end users, you can offer them support for Polite Pop, but only on your own behalf. That is your responsibility and not ours.
  2. You agree to indemnify, hold harmless, and defend Artisfy LLC and its owners, officers, agents, and affiliates from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from: (i) Your use of the Software in violation of this Agreement; (ii) the use or distribution of Your Product, except to the extent such claim is based solely on the inclusion of the Software therein; (iii) Your Modification of the Software’s source code; or (iv) Your accepting support, warranty, indemnity, or additional liability as described in Section 8.1.
    If someone sues Artisfy LLC as a result of your use of Polite Pop, you are responsible for any resulting cost to Artisfy LLC.

9. Payment and Taxes

Each party shall be responsible for all taxes (including, but not limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations and tax treaties as a result of this Agreement and any payments made hereunder (including those required to be withheld or deducted from payments); provided that You shall be responsible for any value added tax, use tax, sales tax, or similar tax, and shall pay or reimburse Artisfy LLC for the same upon invoice. Each party shall furnish evidence of such paid taxes as is sufficient to enable the other party to obtain any credits available to it, including original tax withholding certificates.

We are each responsible for any taxes that we owe as a result of this agreement.

10. Refund

The License fee is refundable only under the following conditions:

In order to ask for a refund, You can contact Artisfy LLC at [email protected]. As soon as the request is received, Artisfy LLC will evaluate refund validity, if You are eligible for a refund Artisfy LLC will initiate a full refund of the purchase within fifteen (15) business days.

Once Artisfy LLC initiates the refund You will get a confirmation email and this agreement is terminated. You shall remove, delete or otherwise destroy any material that You have received, copied or otherwise obtained.

The License fee is refundable only if the refund request is submitted within sixty (60) days from the purchase date, and you did not request support. Contact us at [email protected] to request a refund.

11. Maintenance and Support

During the term of this agreement, You have access to the Software's online support services via email. You will get answers to technical questions within five (5) business days. Yearly support time is limited to four (3) hours per Licensed Licensee, and forty (20) hours per license.

Support shall refer only to Software's source code, integration questions related to the Software's API and documentation clarification. Support doesn't include customization, installation, and questions related to other programming languages, libraries or frameworks.

Under no circumstances is Artisfy LLC required to fix Software's bugs, to perform custom development, or to write code for You.

12. Miscellaneous

1. Software Updates and Upgrades

The license granted herein applies only to the version of the Software available when purchased in connection with the terms of this Agreement, and to any updates and/or upgrades to which You may be entitled. Any previous or subsequent license granted to You for use of the Software shall be governed by the terms and conditions of the agreement entered in connection with purchase or download of that version of the Software.

This license applies to all versions of Polite Pop. Previous licenses still apply if you have used a previous version with a different license.

2. Survival

The provisions of sections 4 through 9 will survive termination of this Agreement.

3. Compliance with Applicable Laws

You agree that You will comply with all applicable laws and regulations with respect to the Software, including without limitation all export control laws and regulations.

4. Marketing

You agree to Artisfy LLC’s use of Your name, trade name, and trademark, for use in Artisfy LLC’s marketing materials and its website, solely to identify you as a customer of Artisfy LLC.

You agree that we can use your name and your logo for marketing purposes.

5. Assignment

This Agreement may be assigned by Artisfy LLC in whole or in part and will inure to the benefit of Artisfy LLC’s successors and assigns. You may not assign or transfer this Agreement without Artisfy LLC’s prior written consent. Notwithstanding the foregoing, however, if You transfer ownership of a Product to a customer for which it was developed, You may assign this Agreement to that customer (the “Assignee”) provided: (i) You provide written notice to Artisfy LLC prior to the effective date of such assignment; and (ii) there is a written agreement, wherein the Assignee accepts the terms of this Agreement.

You may assign this license to a customer, or another company or organization, so long as you get our written permission.

6. Entire Agreement

The terms and conditions stated herein set forth the entire agreement of the parties and replace and supersede all other contracts, agreements, and understandings, written or oral, relating to the subject matter hereof.

7. Severability

In the event that any portion of this Agreement is held to be unenforceable, such portions shall not limit or otherwise modify or affect any other portion of this Agreement.

If there is a problem with any part of this agreement, the rest of the agreement will remain in place.

8. Modification; Waiver

This Agreement can't be amended except by a written instrument executed by each of the parties. The failure of either party to enforce any provision of this Agreement may not be deemed a waiver of that or any other provision of this Agreement.

No changes to this Agreement, unless we confirm it in writing. All of these terms remain enforceable even if we don't enforce them at every opportunity.

9. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of State of Massachusetts, USA and you irrevocably submit to the exclusive jurisdiction of the courts in that state.

10. Government Use

If the Software or any related documentation is licensed to the U.S. Government or any agency thereof, it will be considered to be “commercial computer software” or “commercial computer software documentation,” as those terms are used in 48 CFR § 12.212 or 48 CFR § 227.7202, and is being licensed with only those rights as are granted to all other licensees as set forth in this Agreement.